Section 45 amended.

Right to condemn and destroy food.

Proceedings against unwholesome food.

CHAPTER 289.

An Act to amend an act entitled "An act to secure the purity of foods, beverages, confectionery, condiments, drugs and medicines, and to prevent deception in the distribution and sales thereof" (Revision of 1907), approved May twentieth, one thousand nine hundred and seven.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Section forty-five of the act to which this act is amendatory be and the same hereby is amended so that it shall read as follows:

45. Whenever any member of the State Board of Health; or any chemist, inspector or other employee of said board shall find any meat, milk, fish, bird, fowl, vegetable or other food of a perishable nature exposed or offered for sale, or had in possession with intent to sell, in violation of any of the provisions of this act, or in a state of rottenness or putrefaction, or in any condition which renders it in his opinion unwholesome or unfit for use for human food, he shall condemn the same and cause it to be destroyed or disposed of in such a manner as to make it impossible to be thereafter used for human food. Any article of food or drug that is offered or exposed for sale, or had in possession with intent to distribute or sell, or is intended for sale or distribution in violation of any of the provisions of this act, or in any condition which renders it unwholesome or unfit for use as food, whether such article is in the custody of a common carrier or of any other person or corporation, such article not being in transit from one State to another, may be proceeded against in the Circuit Court or Court of Common Pleas, or District Court having jurisdiction in the county in which

ings taken.

such food is exposed or offered for sale or had in possession or in custody, as aforesaid, or before any judge of any such court or before any justice of the peace in any such county and seized for condemnation and confiscation, and authority and jurisdiction are hereby vested in the several courts above mentioned and in the judges thereof in vacation and in the several justices of the peace to issue the warrant and to hear and determine in a summary manner the proceedings herein provided for. Such proceedings shall be by complaint, How proceedverified by affidavit, which may be made on information and belief, and in the name of the Board of Health of the State of New Jersey against the article or articles proceeded against, particularly describing the same, the place where they are located, the name of the person, firm or corporation in whose possession or custody they are found, if such name is known to the person making such complaint or can be ascertained by reasonable effort, and the respect in which such articles are adulterated or misbranded or the characteristics of the said articles which render the sale thereof illegal. Upon the filing of such complaint, verified as aforesaid, said Warrant court, judge or justice of the peace shall issue a warrant directed to the sheriff or to any constable of the county commanding such officer to seize and take in his possession the article or articles described in the complaint and bring the same before the court, judge, or justice of the peace who issued the warrant and to summon the person, firm or corporation named in the warrant and any other person who may be found in possession of said article or articles, to be and appear at the time and place therein specified; such person shall be sum- Summons. moned by service of a copy of said warrant in the same way and manner as a summons issuing out of the court in which such warrant has been issued. is served, and when such warrant is issued by a justice of the peace, it shall be served upon such person in the same way and manner as a summons issuing out of the Small Cause Court is served. The hearing upon such com- Hearing. plaint shall be at the time and place specified in the warrant, which time shall be not less than five days nor

issued.

Proviso.

Confiscation and disposition of bad food.

If seized articles not injurious returned to owner.

more than fifteen days from the date of issuing the said
warrant; provided, however, that if the execution and
service of the warrant, as aforesaid, has been less than
three days before the return day of the warrant, then
either party shall be entitled to a reasonable continuance.
Upon the hearing the complaint may be amended, and
any person, firm or corporation that appears and claims
the said article or articles shall be required to file a
claim in writing. If upon the hearing it shall appear
that the goods seized under such warrant were offered
or exposed for sale, or had in possession with intent
to distribute or sell, or were intended for sale or dis-
tribution in violation of any provision of this act, or in
any condition which rendered them unwholesome or
unfit for food, the same shall be confiscated and dis-
posed of by destruction or sale as the court, judge or
justice of the peace may direct, and the proceeds there-
of, if sold, less the legal costs and charges, shall be paid
to the Board of Health of this State, which board shall
pay the same into the treasury of this State, but such
articles shall in no instance be sold contrary to the pro-
visions of this act. In case the articles so seized, as
aforesaid, are not injurious to health and are of such a
character that, when properly marked or branded, their
sale is not prohibited by this act, the court, judge or
justice of the peace, upon the payment of the costs of
the proceedings above mentioned and the execution and
delivery to the Board of Health of the State of New
'Jersey as obligee of a good and sufficient bond to the
effect that such articles so seized, as aforesaid, shall
not be sold or otherwise disposed of contrary to the
provisions of this act or the laws of any State, Territory
or district of the United States or of any of the laws
of the United States, may, by order, direct that such
articles be delivered to the owner thereof.

2. This act shall take effect immediately.
Approved April 1, 1912.

CHAPTER 290.

An Act to amend an act entitled "An act for the protection of certain kinds of birds, game and fish, to regulate their method of capture and provide open and close seasons for such capture and possession. (Revision of 1903)," approved April fourteenth, one thousand nine hundred and three, and to repeal section two of an act entitled "An act to amend an act entitled 'An act for the protection of certain kinds of birds, game and fish, to regulate their method of capture and provide open and close season for such capture and possession (Revision of 1903),' approved April fourteenth, one thousand nine hundred and three," filed March thirty-first, nineteen hundred and ten.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

amended.

Hunting web

footed wild

fowl from

boat, etc.

1. Section six of the act of which this act is amend- Section 6 atory be and is hereby amended so as to read as follows: 6. It shall be unlawful for any person hunting or gunning after geese, duck, swans or brant or other water wild fowl, to place the boat, sink-box or other vessel or construction in which such person may lie in wait to kill said geese, duck, swans, brant or other water wild fowl, at a distance of more than one hundred feet from ice marsh or meadow, bar or bank, or heaped seaweed not covered with water; and it shall be unlawful for any person or persons, with intent to capture or kill geese, duck, swans, brant or other water wild fowl, to hunt after or pursue the same in any manner except between one hour before sunrise and until one hour after sunset, Hours for under a penalty of twenty dollars for each offense.

hunting.

Penalty.

Section 2 repealed.

2. Section two of an act entitled "An act to amend an act entitled 'An act for the protection of certain kinds of birds, game and fish, to regulate their method of capture and provide open and close seasons for such capture and possession (Revision of 1903),' approved April fourteenth, one thousand nine hundred and three," filed March thirty-first, nineteen hundred and ten, be and the same is hereby repealed.

3. This act shall take effect immediately.
Approved April 1, 1912.

Property acquired for

CHAPTER 291.

An Act to authorize the cities of this State to acquire by purchase or condemnation lands and buildings for the purpose of converting the sites thereof into public squares or places, and to issue and sell bonds to provide for the cost of such acquisition and conversion, and to provide by tax for the payment of the principal of and interest on said bonds.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Whenever the board or body having charge and park purposes. control of the public parks of any city in this State shall deem it advisable to acquire any lands and buildings thereon erected for the purpose of converting the sites thereof into public squares or places, said board or body may purchase said lands and buildings in the name of said city, or if said board or body is unable to agree with the owner or owners thereof as to the price and term of purchase, or if by reason of any legal disability, or the absence of any owner or owners thereof, or for any other cause, an agreement for the purchase of said. lands and buildings, or any part thereof, or any rights or interest therein, cannot be made, then said board or